Hall v. Chapman et al

Filing 52

ORDER Adopting 51 Report and Recommendation re 45 Motion to Dismiss. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

WALTER LEE HALL,
Plaintiff,
Case No. 15-13771
Hon. Terrence G. Berg

v.
KEVIN M. CHAPMAN,
Defendant.

ORDER ADOPTING REPORT AND RECOMMENDATION
(DKT. 51)
This matter is before the Court on Magistrate Judge Anthony P. Patti’s December 20, 2017 Report and Recommendation
(Dkt. 51), recommending that Defendants’ Motion to Dismiss (Dkt.
45) be GRANTED.
The Court has reviewed the Magistrate Judge’s Report and
Recommendation. The law provides that either party may serve
and file written objections “[w]ithin fourteen days after being
served with a copy” of a report and recommendation.
28 U.S.C. § 636(b)(1). The district court will make a “de novo determination of those portions of the report . . . to which objection is
made.” Id. Where, as here, neither party objects to the report, the
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district court is not obligated to independently review the record.
See Thomas v. Arn, 474 U.S. 140, 149-52 (1985). The Court will
therefore accept the Magistrate’s Report and Recommendation of
December 20, 2017 as this Court’s findings of fact and conclusions
of law.
Accordingly, it is hereby ORDERED that Magistrate Judge
Patti’s Report and Recommendation of December 20, 2017 is ACCEPTED and ADOPTED. It is FURTHER ORDERED that
Defendants’ Motion to Dismiss is GRANTED and that Plaintiff’s
claims are DISMISSED WITHOUT PREJUDICE.
SO ORDERED.
Dated: January 26,
2018

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE

Certificate of Service
I hereby certify that this Order was electronically filed,
and the parties and/or counsel of record were served on January
26, 2018.
s/A. Chubb
Case Manager

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